Weekend Reflections: U.S. Supreme Court Judges Can Be Removed From The Bench ~ The Case Of Elena Kagan

21 Jan 2012 by VolubrjotrComments Off on Weekend Reflections: U.S. Supreme Court Judges Can Be Removed From The Bench ~ The Case Of Elena Kagan

(Jul. 18, 2011) — One of Obama’s faux U.S. Supreme Court Justice appointees appears to have intended, in her previous position as Solicitor General, to defend the health care law passed last year despite what she told the U.S. Senate during her confirmation hearings, with her staff members agreeing among themselves that she “would be brought in as needed” to do so.

Her experience includes being a “paid member of an advisory panel for the embattled investment firm Goldman Sachs,” which received a $12.9 billion bailout in 2008 and was a beneficiary of the TARP legislation passed in the waning days of the second Bush term. Goldman Sachs was one of the “big banks” which received money from AIG and then sent much of it overseas.

Kagan has stated that she will not recuse herself from any case which comes before the high court regarding the PPACA, despite indications from emails released which seem to show that as Solicitor General, her office and staff were “heavily involved” in preparing a defense of the bill. Forty-nine members of the U.S. House of Representatives have called for an inquiry into the inconsistencies in Kagan’s responses to the Senate during her confirmation hearings and the emails recently revealed by Judicial Watch and the Media Research Center. At issue is the question of whether or not Kagan’s “ability to exercise objectivity” if and when a case against the bill is heard by the Supreme Court.

The Commonwealth of Virginia was the first state to file a lawsuit against the PPACA, and other states joined to form a multi-state lawsuit shortly thereafter. The constitutionality of the bill wasdiscussed in the mainstream media before its passage.

Earlier this year, a federal judge in Virginia ruled a key component of the bill unconstitutional, while other judges have upheld the bill’s constitutionality. Another lawsuit challenging the bill cites 15 constitutional violations and is awaiting the appointment of a judge following four defaults by the Department of Justice. On July 15, 2011, one of the principals in the case reported to The Post & Email that the plaintiffs have requested that two judges identified as possibilities but known to have been appointed by Obama to recuse themselves.

Judicial Watch, one of the plaintiffs bringing the lawsuit to obtain information about Kagan’s role as Solicitor General, reported that when Kagan served in that capacity, she “was constantly kept apprised of ongoing litigation strategy discussions. As recently as March 2010, Kagan’s top deputy urged her to attend a high level briefing on Obamacare litigation, without a hint that it might be inappropriate.”

A June 24, 2011 etter signed by the 49 House members seeking an investigation claim that the Department of Justice “has been uncooperative to date with repeated FOIA requests that seek the full body of relevant emails from the Office of the Solicitor General that would reveal the scope of Justice Kagan’s involvement in PPACA defense activities.” The letter asks the House Judiciary Committee to launch an investigation to uncover “the extent to which U.S. Supreme Court Justice Elena Kagan was involved in preparing a legal defense” of the PPACA.

According to 28 U.S.C. 455, “(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

If Kagan lied to the Senate during her confirmation hearings, rather than being asked to recuse herself from litigation over the health care bill, should the members of the House be requesting that she be removed from the U.S. Supreme Court altogether? How could she have been confirmed by the U.S. Senate, having never been a judge?

What are the chances that Kagan misrepresented other aspects of her background?

If as Solicitor General, Kagan was a “representative at the Supreme Court” for the Obama regime, how can she now serve as a member of that body without prejudice when laws Obama has signed are being questioned for their constitutionality?

With the health care bill having been signed by a person with a British father, which gave the son British citizenship, how could it or any other bill he has signed be considered constitutional?

Unconstitutional Powers By Repetition

Usurpations by one branch of government, of powers entrusted to a coequal branch, are not rendered constitutional by repetition.

The United States Supreme Court held unconstitutional hundreds of laws enacted by Congress over the course of five decades that included a legislative veto of executive actions in INS v. Chada, 462 U.S. 919 (1982).

Constitutional Republic Of The United States

True Federalism.

“The way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to.

Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, law, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself.

It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best.

What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and powers into one body.”

– Thomas Jefferson

Unconstitutional Powers

Usurped Powers By Repetition Unconstitutional
Unconstitutional usurpations by one branch of government of powers entrusted to a coequal branch are not rendered constitutional by repetition.

The United States Supreme Court held unconstitutional hundreds of laws enacted by Congress over the course of five decades that included a legislative veto of executive actions in INS v. Chada, 462 U.S. 919 (1982).